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Thursday, February 19, 2015

Irish court-martial discharges private


The Irish Examiner reports that a private from the Irish Defence Forces was discharged last year after being found guilty of sexual assault by a Limited Court-Martial. A Limited Court-Martial is not a standing military court; it is only convened at the direction of the Director of Military Prosecutions. Limited Courts-Martial consist of a military judge and a Court-Martial board made up of at least three members of the Defence Forces.

Two other military members came before a Limited Court-Martial last year. In one case, a private was found guilty of indiscipline and two charges of insubordination. He was sentenced to €300 in fines, a reprimand, a severe reprimand, and a week's detention without pay. The third private was found guilty of five separate charges, which included assault, false imprisonment, insubordination, and behaving in a disorderly manner while intoxicated. 

In contrast to the Limited Court-Martial, a Summary Court-Martial is a standing military court consisting of a military judge, sitting alone. While Limited Courts-Martial can only hear cases where the accused holds non-commissioned ranks, Summary Courts-Martial can hear cases against personnel of all ranks up to the rank of Commandant. Summary Courta-Martial, however, can only sentence guilty parties to a maximum of six months in prison. Limited Courts-Martial can impose sentences of two years. The Summary Court-Martial heard four cases last year. 


The last category of Courts-Martial in Ireland is the General Court-Martial. The General Court-Martial, like the Limited Court-Martial, can only be convened on the direction of the Director of Military Prosecutions. A General Court-Martial may award sentences of imprisonment, up to and including, life imprisonment.

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